Corpus Christi, Texas Businesses Use Cohn Legal for Trademark Services

*Cohn Legal, PLLC is not located in Corpus Christi and yet it can assist businesses from Texas in registering a federal trademark because trademarks are governed under federal law.

Abe Cohn is the Managing Partner of Cohn Legal, PLLC. Abe loves advising his clients on a variety of intellectual property law matters, litigating trademark disputes, and managing various corporate transactional work. Serving clients in Corpus Christi, Texas, Abe specializes in working with startups and entrepreneurs and relishes the opportunity to help companies build something from scratch.

Top 8 Questions Texas Businesses Have About Obtaining a Trademark

What is a trademark?

A registered trademark is a word, logo, slogan, or design that enables consumers to identify the company who produced the product or offers the service.

How do I register a federal trademark?

If you want a registered trademark, you need to first submit a trademark application to the United States Patent and Trademark Office, or USPTO.

The examining attorney at the USPTO will review the application and search the USPTO database to identify any trademarks that are similar to the trademark you’re attempting to register. If no similar marks are found, your application gets approved for publication in the USPTO’s Official Gazette for a 30-day period. During that 30 days, an individual can oppose your application if they feel that your trademark infringes upon theirs. Assuming no oppositions come forward, your trademark will be approved for final registration.

Will hiring an attorney improve my chances of having my trademark application approved?

Hiring a trademark attorney can increase your chances of getting your trademark application approved. A skilled attorney knows the process and what the USPTO is looking for. Prior to completing the application, your attorney will conduct a thorough search to ensure no marks similar to your desired mark exist. Should your initial application get rejected, your attorney will know how to respond to the USPTO.

Bottom line: A trademark attorney is your advocate and will fight hard for your rights as a business owner to trademark your intellectual property.

I’m selling my product without a registered trademark. Is that OK?

You actually don’t need a trademark to start selling your products. It’s not required that you register your trademark.

However, any trademark attorney would advise you to get your trademark registered as soon as possible. Using an unregistered trademark opens you up to all kinds of risks. Someone else might start using the mark without your permission. They may even register your trademark for themselves. If you are serious about creating a successful business, then you need to register your trademark sooner rather than later.

Will my trademark ever expire?

The good news is that your trademark will never expire if you continue to use the mark in commerce and meet the renewal deadlines set forth by the USPTO. You’ll have to first renew the trademark between the fifth and sixth year of your original trademark registration, then again about 5 years after that. All subsequent renewals are required every 10 years after that.

Why does the USPTO ask for a specimen?

A specimen is basically a sample of how you are actually using your trademark in commerce. It’s submitted to the USPTO as part of your application.

If you sell products, then a specimen could be a label, packaging, or a picture of your product. If you are selling a service, then you can submit flyers, brochures, sell-sheets, website screen shots, or any other type of marketing material. Speak to a trademark attorney if you have any doubts about what an acceptable specimen might be.

I’m not yet selling anything yet, but I intend to. Can I still submit a trademark application?

Yes, the USPTO allows you to file a trademark before you are ready to start selling your product or service. Start by completing and sending an Intent-To-Use (ITU) trademark application to the USPTO. If the ITU application has been accepted, you’ll receive a Notice of Allowance (NOA) and have 6 months to submit your Statement of Use, which is basically proof that you’re selling your goods. If at the end of 6 months you’re still not ready to start selling, you can file for a 6-month extension. You can file up to 5 extensions.

How long does it take to register a trademark?

Trademark registration usually takes from 8 to 10 months to complete, though in some cases, it can take a year or more to gain approval from the USPTO. Working with a trademark attorney could result in a quicker approval because your application will be submitted correctly and with all the relevant documentation.

Additional Information on Trademark Registration for Corpus Christi Businesses

Corpus Christi is the ideal place to start a new business. The people are friendly and love to be out and about. Businesses are popping up all over. Some of these new business owners have good intentions and try to handle the trademark registration process themselves. Unfortunately, this isn’t a time to take a do-it-yourself approach.

Consider this scenario: Leah and David are school teachers during the year, and have summers off. They thought of a fun way to make some extra income when school isn’t in session.

They decide to use their boat to take tourists parasailing off the coast. They both love adventure and are expert parasailers themselves. What they aren’t experts in, is trademark registration. David certainly knows that they can’t name their business if there’s another business that already exists with that name.

Leah and David do a quick Google search and find that that no one in the Corpus Christi area is using the name that they want, “Flying High.” Excited to get started, Leah creates a website, orders signs for the boat, and starts advertising under the name.

After a season of successfully selling adventure off the coast of Mustang Island, Leah and David receive some disappointing news.

Another parasailing company based in Panama City by the same name is expanding into the area. The Panama City operation has registered their trademark already so they sent a cease-and-desist letter to Leah and David.

If Leah and David had partnered with a trademark attorney right from the beginning, that trademark attorney would have conducted a thorough trademark search, and would not have relied on Google. They could have then come up with a new business name that did not infringe on an existing mark.

At Cohn Legal, we are skilled trademark attorneys who can conduct a trademark search and help you register your desired trademark the right way. Contact Cohn Legal today to learn more about our trademark registration and monitoring services.

Trademarks Services for Corpus Christi Businesses

• Trademark Search Services
• Trademark Application Filing
• Trademark Infringement Defense
• Trademark a Name
• Trademark a Phrase
• Trademark Cease and Desist Letters
• Trademark Office Action Response
• Trademark Abandonment